Getting Divorced in Indiana: A Legal Guide

Before filing for divorce in Indiana, ensure you meet the residency requirements. Either you or your spouse must have been a resident of Indiana for at least six months, and a resident of the county where you're filing for at least three months. This is a fundamental requirement that must be met before proceeding.

Collect documents including tax returns, pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, insurance policies, and documentation of debts. These will be needed for financial disclosure and property division discussions.

This is the formal document that initiates the divorce process. In Indiana, it must include basic information about both spouses, date and place of marriage, date of separation, grounds for divorce (Indiana allows no-fault divorce based on 'irretrievable breakdown'), information about children if applicable, and general statements about property and debts. You can file this yourself or with an attorney's assistance.

A Summons must accompany your Petition. This document officially notifies your spouse of the divorce action and provides information about responding to the petition. Indiana requires specific language in the Summons, so use the court-approved form.

File your Petition for Dissolution of Marriage and Summons with the clerk of the circuit court in the county where you or your spouse resides. You'll need to pay a filing fee (approximately $135-$400 depending on the county). If you cannot afford the fee, you can file a fee waiver request.

Your spouse must be formally notified of the divorce filing. In Indiana, this can be done through certified mail with return receipt, personal service by sheriff or private process server, or your spouse can sign an Acceptance of Service. Service must be completed according to Indiana Rules of Trial Procedure.

If you're the respondent (non-filing spouse), you have 20 days after being served to file a written response. If you're the petitioner, review your spouse's response when received. The response addresses each paragraph of the petition, either admitting or denying the statements.

Both spouses must complete and exchange detailed financial disclosure forms. In Indiana, this includes listing all assets, debts, income, and expenses. Be thorough and honest—intentionally hiding assets can result in penalties. This disclosure is crucial for fair property division and support determinations.

The court may schedule an initial hearing to address temporary matters such as temporary custody, support, and use of property during the divorce process. Prepare to discuss these issues and bring relevant documentation.

If you have children, create a detailed parenting plan addressing custody, parenting time (visitation), decision-making authority, and communication between parents. Indiana courts strongly encourage parents to work together on this plan. The plan must be in the best interests of the children and follow Indiana Parenting Time Guidelines.

Indiana uses the Income Shares Model for calculating child support. Complete the Indiana Child Support Worksheet using the online calculator provided by the Indiana Supreme Court. You'll need income information for both parents, health insurance costs for children, work-related childcare expenses, and other relevant factors.

Many Indiana counties require mediation before a final hearing, especially in cases involving children. Even if not required, mediation can help resolve disputes more amicably and cost-effectively. Choose a certified mediator and prepare to discuss all contested issues.

Work with your spouse (and attorneys if applicable) to create a comprehensive settlement agreement covering division of assets and debts, spousal maintenance (if any), and any other financial matters. In Indiana, marital property is subject to 'equitable distribution,' which presumes a 50/50 split but allows for adjustments based on various factors.

If retirement accounts will be divided, a QDRO is required to properly allocate these assets without tax penalties. This specialized legal document must comply with both federal ERISA requirements and Indiana law. Each retirement plan may have specific requirements for QDROs, so check with the plan administrator.

If all issues are resolved, the final hearing may be brief. If issues remain contested, prepare evidence and testimony for a trial. Bring copies of all agreements and financial documents. In Indiana, there is a 60-day waiting period from filing before a divorce can be finalized (longer if contested).

The Final Decree is the court order that officially ends your marriage and resolves all issues. Review it carefully before signing to ensure it accurately reflects all agreements and court decisions. Once signed by the judge, it becomes a binding court order.

If child support is ordered, Indiana requires an Income Withholding Order to be established. This document directs the paying parent's employer to withhold support from their paycheck and send it to the Indiana State Central Collection Unit, which then distributes it to the receiving parent.

After the divorce is finalized, update your name (if changed), beneficiary designations on insurance policies and retirement accounts, wills and estate plans, emergency contacts, and other personal records. Also update your driver's license, Social Security information, and passport if your name changed.

Execute deeds, titles, and other documents necessary to transfer property as outlined in the divorce decree. For real estate transfers in Indiana, you may need to file deeds with the county recorder's office. For vehicles, contact the Indiana BMV to transfer titles.

Understand how your divorce affects your tax filing status. In Indiana, your marital status on December 31 determines your filing status for that tax year. Consider consulting a tax professional about potential implications for deductions, credits, and who claims children as dependents.